HEALTH AND SAFETY STARTER PACK FOR SMALL BUSINESSES

Transcription

1 HEALTH AND SAFETY STARTER PACK FOR SMALL BUSINESSES Public Protection Darby House Lawn Central Telford TF3 4JA Re: Health and Safety at Work etc Act 1974

2 This information pack has been produced by Telford and Wrekin Council to assist you in complying with your legal responsibilities under health and safety legislation. The contents are relevant to both yourself and your employees and so it is recommended that you share this pack with your staff and keep it for future reference. If you require any further information please do not hesitate to contact the Food, Health and Safety Team on the telephone number on the front of the pack.

3 Health and Safety Policy Legislation: Health and Safety at Work etc Act 1974 Requirements: If 5 or more people are employed, a written statement of the Company s health and safety policy is required. It should state the general policy on health and safety; describe the organisation and arrangements for carrying out the policy. It should be brought to the attention of all employees and revised whenever appropriate. What you need to do: Under Section 2 (3) of the Health and Safety at Work etc Act 1974 the written statement must:- - State your general policy on health and safety - Describe your organisation and arrangements for carrying out your policy; - Be brought to the notice of all your employees; - Be revised whenever appropriate, and every revision must be brought to your employees attention. Guidance for writing a policy can be found at the following link

4 Health and Safety poster leaflet Legislation: Health and Safety (Information for Employees) Regulations 1989 Requirements: It is a requirement of the Health and Safety (Information for Employees) Regulations 1989 to display the approved Health and Safety Poster or give each employee an approved leaflet. If the poster is displayed it must be in a conspicuous position where it is readily accessible to the employee(s) and easily read by the employee(s). What you have to do: Either display the approved Health and Safety poster (ISBN: ) or give each employee an approved leaflet (ISBN: ). These are available from HSE Books or from downloading it from Your Enforcing Authority: Telford and Wrekin Council Public Protection Darby House Lawn Central Telford TF3 4JA Telephone

5 Your Local Employment Medical Advisory Service Office: 1 Hagley Road Birmingham B16 8HS Telephone Risk Assessment Legislation: Management of Health and Safety at Work Regulations Requirements: Under the above regulations you are required to carry out a suitable and sufficient risk assessment to ensure that workers are not at risk from potential hazards in the workplace. All actual exposure to hazards has to be assessed and reviewed as required. Records should be kept of any significant findings or of any group of workers especially at risk; if you have more than 5 employees. Whoever, carried out these risk assessments must be competent. A competent person should have a knowledge of the works areas and the safety rules that apply, including when they are being met and what remedial action is necessary.

6 What you have to do: The main requirement is that employers with 5 or more staff must make a written record of the significant risks to employees or others (e.g. customers) and the procedures put in place to guard against or protect against those risks. Step 1:- In order to carry out a risk assessment yourself, walk around your workplace and look afresh at what could reasonably be expected to cause harm. Ask your employees what they think. They may have noticed things which are not immediately obvious. Step 2:- When you have identified a risk, consider how it is controlled or could be controlled. Ideally you should eliminate it altogether. Make a record of the risk and the control measures, e.g. risk of burning by contact with the hot surface from a space heater. Example Risk Assessments The HSE have produced example risk assessments for particular types of businesses on their website, please use the following link If your industry is not listed, pick the one closest to it and adapt it for your workplace.

7 First Aid Provision Legislation: Health and Safety (First Aid) Regulations 1981 Requirements: Under the Health and Safety (First Aid) Regulations 1981, workplaces must have first aid provision. The form of first aid provision will depend on the degree of hazard at your workplace; shift work, number of employees etc. If your employees work in a low hazard workplace (i.e. bank, small office, shop) you should provide a trained first aider for every 50 workers. If there is not trained first aider or you have fewer than 50 employees in a low hazard workplace, then you must have an appointed person. An appointed person is someone who is authorised to take charge of the situation (e.g. to call an ambulance) if there is a serious illness or injury. Emergency first aid training should be considered for all appointed persons. If your premises require a trained first aider, first aiders must have undertaken training and undertaken qualifications approved by the HSE. First Aid certificates are valid for 3 years and refresher courses must be started before the certificate expires, otherwise a full course will need to be taken. First aid boxes and kits should only contain items that a first aider is trained to use. It must not contain medication. They should always be adequately stocked. The appointed person/first aider should be in charge of the first aid kit and should monitor the contents of the kit at regular intervals and restock the kit when contents are depleted. What you have to do: The Health and Safety (First Aid) Regulations 1981 imposes a duty on all employers, and the self employed, to provide first aid facilities for their employees who become ill or are injured while at work. For small shops and offices you must provide:-

8 - A first aid box or cupboard marked with a white cross on a green background containing the items listed on the checklist. - An appointed person & deputy who in the event of illness or injury will take control of the situation and if appropriate call for assistance from the emergency services. - Information to new staff, or staff moving to a new workplace, telling them where the first aid box is kept and who to contact in the event of an incident. - A sign or signs prominently positioned, indicating where the First Aid materials are kept and who the appointed person & deputy is. There are the minimum requirements but for larger business with more employees or dangerous equipment, more first aid facilities equipment may be required. Further help can be found at the following:- Workplace Accidents Legislation: The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

9 Requirements: Employers, self employed persons or persons in control of work premises, are required under RIDDOR to report some work related accidents, diseases and dangerous occurrences. Reporting accidents and ill health at work is a legal requirement. The information enables the Health and Safety Executive (HSE) and local authorities to identify where and how risks arise and to investigate serious accidents. They must report all of the following:- - A death or major injury - An over seven day injury (that is when an employee or self employed person has an accident at work and is unable to work for over seven days, but does not have a major injury). - A work related disease; and - A dangerous occurrence (this is when something happens that does not result in a reportable injury but which clearly could have done.) What you have to do: RIDDOR requires and employer, and the self employed, to notify certain injuries, diseases and dangerous occurrences either immediately or within 15 days: The following require reporting immediately: - Death or a major injury (amputation, broken limbs, dislocation) - Dangerous occurrences such as the accidental release of dangerous substances, or similar incidents etc. - An accident to a non employee (e.g. a customer) if they are killed or taken immediately to hospital following an accident. The following must be reported within 15 working days of the incident.

10 - Injury which results in absence from work for seven days or more such as back and limb injuries due to lifting, contact with moving equipment etc. - Infections or diseases of the lung or skin resulting from exposure. How to a report an incident: All cases are reported to the Incident Contact Centre (ICC), based at Caerphilly, Wales. All fatalities or major injuries need to reported immediately by phone to the ICC (telephone number is ) All other accidents should be reported via the Internet. The following link will take you to the correct page on the HSE website, where you will find the relevant forms Lifting and Handling Legislation: The Manual Handling Operations Regulations 1992 Requirements: The Manual Handling Operations Regulations 1992 require employers to avoid the need for hazardous manual handling operations, so far as is reasonably practicable, altogether. Such operations should be identified as part of the risk assessment required under the Management of Health and Safety at Work Regulations A risk assessment for manual handling operations should be carried out if the manual handling task cannot be eliminated and should consider:

11 - The actual manual handling operation; - The load; - The working environment; - Individual capability The risks should then be reduced to the lowest level possible and employees should be informed, instructed and trained as to their duties. Such assessments should be periodically reviewed or when there is a change in circumstances. What you have to do: The employer should: - Avoid the need for hazardous manual handling, as far as is reasonably practicable; - Assess the risk of injury from any hazardous manual handling operation that cannot be avoided; and - Reduce the risk of injury from hazardous manual handling as far as is reasonably practicable Employees should: - Make proper use of lifting equipment provided for them; - Co-operate with their employers on health and safety matters; - Ensure their activities do not put others at risk. If you think that your business involves employees undertaking hazardous manual handling operations by law you must carry out a proper risk assessment. Further information can be found at the following:-

12 Health, Safety and Welfare Legislation: Workplace (Health, Safety and Welfare) Regulations 1992 Requirements: The Workplace (Health, Safety and Welfare) Regulations 1992 will apply to your premises. The Regulations set general requirements in four areas: - Work Environment = suitable temperatures, lighting, ventilation etc; - Safety = escalator safety, traffic routes, windows, doors and floor safety, falling objects etc; - Facilities = toilets, drinking water, washing and eating facilities, changing areas, clothing storage etc; and - Housekeeping = cleanliness, maintenance, waste removal etc What you need to do: The Workplace (Health, Safety and Welfare) Regulations 1992 apply to the majority of workplaces including shops, offices, hotels, places of entertainment, restaurants, cafes, takeaways and warehouses/wholesalers. These regulations aim to ensure that workplaces meet the health, safety and welfare needs of employees which may include people with disabilities. Workplace Temperature During working hours, the temperature in all workplaces inside buildings shall be reasonable. Temperatures should normally be at least 16 C. However, if work involves physical effort, it should be at least 13 C. If it is not reasonably comfortable throughout the workroom, local heating/ventilation should be provided. In extremely hot weather, fans and increased ventilation may be necessary.

13 Toilets Suitable and sufficient toilets must be provided at readily accessible places for staff. They and the rooms containing them should be kept clean and be adequately ventilated and lit. If you have 5 or more employees on the premises at any one time, separate facilities must be provided for men and women. Washing Facilities Washing facilities with hot and cold running water; enough soap or other washing agents; a basin large enough to wash hands; and a means for drying hands, e.g. paper towels or a hot air dryer, must be provided in the immediate vicinity of every toilet, whether or not facilities are provided elsewhere. Drinking Water Drinking water must be provided to all persons at work in the workplace and drinking vessels provided unless drinking fountains are used. Rest Areas Suitable and sufficient rest facilities shall be provided at readily accessible places, and should have sufficient seats with backrests and tables. They must include suitable facilities to eat meals where meals are regularly eaten in the workplace and where the food would otherwise be likely to become contaminated. Further information can be found at the following:-

14 Hours of Work Legislation: The Working Time Regulations 1998 Requirement: The Working Time Regulations 1998 relate to the following: - The number of hours that employees work; - Working at night; - The provision of rest periods including daily rest, weekly rest breaks; - Paid annual leave. These regulations apply to all workers. A worker is someone who is paid to work for an employer. They do not apply to the genuinely self employed or volunteers. However, employers have a general duty under the Health and Safety at Work etc Act 1974 to ensure so far as is reasonably practicable, the health, safety and welfare at work of all employees. This means that employers cannot require their staff to work excessive hours or unsuitable shift patterns likely to lead to ill health or accidents caused by fatigue. What you have to do: You must ensure that staff are allowed adequate rest periods in order to reduce the risk of accidents and hopefully increased productivity; and you need to consider the requirements of the Working Time Regulations Further information can be found at the following:-

15 VDU s and other similar equipment Legislation: The Health and Safety (Display Screen Equipment) Regulations 1992 Requirements: The Health and Safety (Display Screen Equipment) Regulations 1992 state that employers must analyse all workstations and employee work routines to assess the risks to health. Actual users should be identified and then informed and instructed and trained on: - Work station ergonomics - Work breaks/routines - Arrangements for eye/eyesight tests All users of VDU s or similar are entitled to an appropriate eye/eyesight test upon request. It is your duty to inform users of the arrangements you have made to comply with these Regulations, e.g. contract with a local optician. Further information can be found at And Personal Protective Equipment Legislation: Personal Protective Equipment at Work Regulations 1992 Requirements:

16 The minimum health and safety requirements on the provision and use of personal protective equipment are contained in the Personal Protective Equipment at Work Regulations Requirements include an assessment (and review) of suitability, provision and compatibility, efficient maintenance, appropriate accommodation when not in use, as well as adequate information, instruction and training for employees on the use of such equipment and their duties. Further information can be found at Fire Safety for Small Businesses Shropshire Fire and Rescue provide advice for all fire safety related matters. They can be contacted on Gas and Electricity Gas and electricity must be maintained in a safe condition. Employers and employees must ensure that all systems shall be maintained so as to prevent, so far as is practicable, danger. All work on Gas must be carried out by a GasSafe registered person. You can check the register at Further guidance on electricity at work is available at and Control of Substances Hazardous to Health (COSHH) Employers have duties under these regulations to assess the hazardous substances, prevention or control of exposure, use of control measures and maintenance, examination and test of control measures, monitoring exposure at the workplace, health surveillance, information training and instruction for all people coming into contact with these substances. Further guidance is available at

17 Employers Liability/Public Liability Insurance The following link provides guidance on Employer s and Public Liability Insurance